Md. Ruhul Haque vs Swapna Pramanik @ Swapan Pramanik & Ors
2024 Latest Caselaw 4881 Cal

Calcutta High Court (Appellete Side)

Md. Ruhul Haque vs Swapna Pramanik @ Swapan Pramanik & Ors on 20 September, 2024

    130
20.09.2024
 Ct. No.22
     pg.
                       IN THE HIGH COURT AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE

                                 SAT 107 of 2021
                                       with
                               IA No. CAN 1 of 2021
                                       with
                                  CAN 3 of 2024

                              Md. Ruhul Haque
                                    Vs.
                  Swapna Pramanik @ Swapan Pramanik & Ors.



                    Ms. Suchitra Saha
                    Mr. Chowdhury Faruk Ali
                    Ms. Priyanka Das
                    Ms. Sharmila Basu
                               ... For the appellant


             1.     Affidavit of service is filed and taken on record.


             2.     Perusing the same, it appears that the respondents

refused to accept the notice.

In re: CAN 1 of 2021

3. Learned counsel appearing on behalf of the

appellant submits that delay in filing the appeal has been

explained, particularly, in paragraphs 9, 11, 12 and 17 of

the instant application.

4. It has been submitted that the law clerk was

entrusted with the work of obtaining certified copy of the

judgment and decree but due to pandemic of Covid-19, he

expired and for that reason the appeal was filed after 657

days from the day of expiry of the period of limitation.

5. I have gone through the reasons assigned in

paragraphs 9, 11, 12 and 17 and it is found satisfactory.

6. Having regard to the above, the prayer for

condonation of delay within the meaning of Section 5 of

the Limitation Act stands allowed.

7. CAN 1 of 2021 is, accordingly, disposed of.

In re: CAN 3 of 2024

8. None appears on behalf of the respondents.

9. Learned counsel appearing on behalf of the

appellant has submitted that the death of the respondent

no.3 came to the knowledge of the appellant only when the

postal receipt in respect of CAN 1 of 2021 returned with

the endorsement "deceased" and in the meantime period of

limitation exhausted.

10. Having heard the learned counsel appearing on

behalf of the appellant as well as having gone through the

explanation depicted in the application, particularly, in

paragraphs 4, 7 and 10, the prayer for substitution after

setting aside abatement stands allowed.

11. CAN 3 of 2024 is, accordingly, disposed of.

12. Department is directed to make necessary

correction in the Memorandum of Appeal.

13. Appellant is also at liberty to make necessary

correction in the cause title of the instant application,

being CAN 3 of 2024.

14. All parties shall act on the basis of a server copy of

this order duly downloaded from the official website of this

Court.

15. Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Bibhas Ranjan De, J.)